Pskov, Russian Federation
Varny, Bulgaria
GRNTI 10.83 Уголовно-исполнительное право. Пенитенциария
The article constructively examines the activities of penitentiary institutions of leading foreign countries to ensure penitentiary security, taking into account the possibility of its use in domestic practice. The general characteristic of the modern Penal system of Russia is given, the main stages of its reform are noted, the political line of humanization of the Penal sphere while ensuring security for society, citizens and the state is pointed out. The internal and external aspects of penitentiary security, their organic interrelation and its integral and complex character are noted. On the basis of comparative legal method, in combination with other methods of scientific knowledge, the foreign experience of ensuring security of penitentiary institutions by differentiating convicts and conditions of serving sentences, as well as taking into account the wide use of advanced technical means of control and supervision in the process of penitentiary activity, is considered. As a result of generalization of foreign experience and its comparison with domestic practice, the existing problems of legal regulation in terms of differentiation of convicts serving sentences with isolation from society, as well as in the use of technical means to ensure prison security, are identified, and amendments to the current Penal legislation are proposed. As a matter of discussion, taking into account the review of best foreign experience, issues relevant to domestic practice, concerning the peculiarities of ensuring prison security in emergency situations, the model of a private prison institution, and the development of forms of social control and supervision of persons released from prison institutions, are noted. In this regard, conclusions about the parameters of foreign experience use in domestic practice are formulated.
Penal system, penitentiary security, Russia, foreign experience.
1. Coyle, A. 1994, The prisons we deserve, Harper Collins Publishers. London.
2. Dewey, J. 1938, ‘Experience and Education’, in The later works of J. Dewey, vol. 13, Carbondale.
3. Aebi, M. F., Burkhardt, C., Hacin, R. & Tiago, M. M. 2016, ‘A Comparative Perspective of Imprisonment Trends in Slovenia and Europe from 2005 to 2014’, Revija za kriminalistiko in kriminologijo, iss. 4, pp. 430–442.
4. Reform der Sicherungsverwahrung. Bund und Landern konnen sich nicht einigen 2011, Stern-Magazin, 16 August.
5. Tonry, M. 2001, ‘Symbol, Substance, and Severity in Western Penal Policies’, Punishment and Society-international Journal of Penology, vol. 3.
6. Veldhuis, T. M. 2015, Reintegrating Violent Extremist Offenders: Policy Questions and Lessons Learned. Program on Extremism, Washington.
7. Kilpatrick, W. H. 1921, ‘Dangers and Difficulties of the Project Method and How to Overcome Them: Introductory Statement and Definition of Terms’, Teachers College Record, vol. 22, iss. 4.
8. Alekseev, V. I. 2010, ‘Pennsylvania and Oborne convict systems: aspect of cirrelation (1860–1917)’, Law practice, iss. 4, pp. 46–48.
9. Babaev, M. M. & Rakhmanova, E. N. 2003, Human rights and criminological security, Moscow.
10. Bagreeva, E. G. 2012, ‘On the organization of penitentiary systems in international practice’, Penal system: law, economy, management, iss. 5, pp. 21–24.
11. Bakhin, S. V. 2003, Cooperation of States on convergence of national legal norms (unification and harmonization of law): PhD thesis (Law), St. Petersburg.
12. Belyaev, N. A. 1963, Goals of punishment and means of achieving them in correctional labor institutions, Leningrad.
13. Borsuchenko, S. 2016, ‘Penal system: concept and content’, EG-Lawyer, iss. 41, p. 2.
14. Brusnitsyn, L. 2013, ‘About the rights of the victim at the stage of sentence execution’, Criminal law, iss. 6, pp. 89–96.
15. Bukalerova, L. A. & Minyazeva, T. F. 2013, ‘Serving a prison sentence: the experience of the Russian Federation and Norway’, Administrative and municipal law, iss. 3, pp. 280–283.
16. Bykov, A. V. 2017, ‘Penitentiary systems of modern democratic States: comparative legal analysis’, in III International penitentiary forum «Crime, punishment, correction» (for the 20th anniversary of the entry into force of the Penal Code of the Russian Federation): a collection of speeches and reports of participants (Ryazan, November 21–23, 2017), in 8 vols, vol. 1, Proceedings of the plenary session, pp. 57–61, Academy of the FPS of Russia, Ryazan.
17. Bykov, A. V. & Kaluzhina, M. A. 2015, ‘Security in penal institutions of the USA’, Penal system: law, economy, management, iss. 6, pp. 28–32.
18. Val’ter, E. 2008, ‘Basic principles of the modern system of punishments execution: the view of the head of the institution’, Bulletin of the Institute: crime, punishment, correction, iss. 2, pp. 46–50.
19. Verren, A. 2004, ‘Execution of punishment and application of criminal law measures in Switzerland for adult offenders’, Actual problems of penitentiary science and practice: materials of the International scientific and practical conference, part 1, pp. 56, SRI of the Ministry of justice of Russia, Moscow.
20. Garmash, A., Anosov, M. & Muzaleva L. 2012, ‘The resocialisation of former prisoners: experience of foreign countries’, EG-Lawyer, iss. 32, pp. 24–28.
21. Glushkov, A. I. 2013, ‘Foreign experience in regulating the activities of the Penal system’s institutions in emergency situations’, Public and private international law, iss. 3, pp. 28–30.
22. Golodov, P. V. & Spasennikov, B. A. 2015, ‘Analysis of foreign experience in penitentiary activities’, Penal system: law, economy, management, iss. 5, pp. 10–14.
23. Gorban’, D. V. 2016, ‘Progressive system of execution and serving of public labor’, Current problems of Russian law, iss. 4, pp. 176–183.
24. Gorshenkov, G. G. 2009, Anti-crime security of the person: PhD thesis (Law), Stavropol.
25. Gulina, O. R. 2012, ‘Penitentiary system of the Federal Republic of Germany in modern conditions’, Russian legal journal, iss. 4, pp. 136–142.
26. Degtyareva, O. L. 2015, ‘National features of the growth and decrease in the level of repeat crime among persons sentenced to punishments and measures of a criminal nature that are not related to the isolation of convicts from society, in the general structure of crimes committed on the territory of the country’, Penal system: law, economy, management, iss. 1, pp. 3–6.
27. Ivannikov, I. A. 2013, ‘Comparative method in law: history and modernity’, History of state and law, iss. 9, pp. 35–38.
28. Kvashis, V. 2005, ‘Crime in the United States: the reality of positive changes or «temporary exclusion»?’, Criminal law, iss. 5, pp. 97–100.
29. Kvashis, V. E. & Vavilova, L. V. 1996, Foreign legislation and practice for crime protection of victims, Moscow.
30. Kovalev, O. G. & Sheremet’eva, M. V. 2013, ‘The penitentiary system of the USA: features of the organization and current trends’, Penal system: law, economy, management, iss. 4, pp. 19–22.
31. Coyle, A. 2002, A human rights approach to prison management. Handbook for prison staff, International centre for prison research, London.
32. Koski, M. & Druzhiniskaya, O. V. 2015, ‘Organization of prisons in Finland after the reform in 2006’, Bulletin of the Institute: crime, punishment, correction, iss. 3(31), pp. 90–96.
33. Kraynova, N. 2002, ‘Resocialization of convicts. Foreign experience’, Penal law, iss. 2, pp. 83–84.
34. Kudryavtsev, A. V. 2013, ‘Operational and investigative activity as a means of reducing the criminality of the penal relations’, Penal system: law, economy, management, iss. 5, pp. 20–23.
35. Kutakov, N. N. 2014, Organization and legal basis for ensuring the safety of correctional staff of the Federal penitentiary service of Russia: PhD thesis (Law), Ryazan.
36. Kurkina, I. N. 2013, ‘International practice of execution of criminal penalties’, in Criminal and penal policy at the present stage of society and the state development: domestic and foreign experience: materials of the International scientific and practical conference, Vladimir, November 29–30, 2012, pp. 380, Vladimir law Institute of the FPS of Russia, Vladimir.
37. Lelyukh, V. F. 2006, The Russian penal system: social problems of reformation: PhD thesis (Sociology), Kemerovo.
38. Gorazd, M. & Druzhininskaya, O. V. 2016, ‘Current problems of penitentiary practice in Slovenia related to the prison occupancy limit’, Bulletin of the Institute: crime, punishment, correction, iss. 36, pp. 64–67.
39. Minyazeva, T. F. & Bukalerova, L. A. 2013, ‘Deprivation of liberty in modern Russian and Norwegian criminal law’, Bulletin of the Institute: crime, punishment, correction, iss. 3(23), pp. 86–89.
40. Nikolyuk, V. V. & Terekyan, V. A. 2015, ‘Does the victim have the right to appeal the court decision on parole of the convicted person from serving sentence?’, Criminal law, iss. 3, pp. 106–111.
41. Pavlenko, A. A. 2015, ‘To the question of possibility of using foreign experience of means for regime ensuring in institutions of the Penal system’, Penal law, iss. 1, pp. 104–110.
42. Pertli, L. F., Fumm, A. M., Zheleznaya, Yu. Yu. & Borisova, T. V. 2012, The procedure and conditions of serving sentences: comparative legal analysis of the European legislation, Moscow.
43. Poznyshev, S. V. 1915, Prison studies essays, Moscow.
44. Poznyshev, S. V. 1923, Fundamentals of penitentiary science, Moscow
45. Radochina, T. N. 2014, ‘State institutions and legal systems’, Law and policy, iss. 1, pp. 57–63.
46. Romashov, R. A. & Tonkov, E. N. 2014, Prison as a «City of the earth», St. Petersburg.
47. Sakheym, E. 2006, ‘Basic training for correctional institutions in Norway: organizational structure and directions’, in Professional training for penitentiary institutions in Russia and abroad: problems and prospects, pp. 33–34, Vologda.
48. Seliverstov, V. I. 2000, Russian Penal law, Moscow.
49. Serebrennikova, A. V. 2013, ‘Penal law in Bavaria’, Bulletin of the Institute: crime, punishment, correction, iss. 4(24), pp. 74–78.
50. Smirnov, G. G. 2004, Criminological study on crime prevention: content, development, implementation, A. I. Alekseev (ed.), Ural University, Yekaterinburg.
51. Smirnov, L. B. 2007, The Penal system of Russia: theoretical, legal and organizational foundations, St. Petersburg.
52. Teplyashin, P. V. 2016, ‘Modern Penal analysis of the Iberian type of European penitentiary systems’, Modern law, iss. 4, pp. 113–120.
53. Ter-Akopov, A. A. 1998, Human security (theoretical foundations of the social and legal concept), Moscow.
54. Timofeeva, E. A. 2017, ‘Private prisons: the possibility of integration of foreign experience in the activity of the Penal system’, in III International penitentiary forum «Crime, punishment, correction» (for the 20th anniversary of the entry into force of the Criminal Executive code of the Russian Federation): a collection of speeches and reports of participants (Ryazan, November 21–23, 2017), in 8 vols, vol. 2, Materials of the International scientific and practical conference «Improving the norms of criminal and penal enforcement legislation», pp. 102–108, Academy of the FPS of Russia, Ryazan.
55. Timofeeva, E. A. & Motin, O. A. 2014, ‘On the issue of foreign practice of using the electronic monitoring system for controlled persons’, Bulletin of the Institute: crime, punishment, correction, iss. 4(28), pp. 88–94.
56. Tokhova, E. A. 2009, ‘Foreign experience of social and legal control over persons released from correctional institutions’, Penal system: law, economy, management, iss. 4, pp. 198–201.
57. Useev, R. Z. 2015, ‘Does the Penal system need a security paradigm?’, Penal law, iss. 3(21), pp. 56–61.
58. Fumm, A. M. 2011, ‘English progressive prison system: history and modernity’, Bulletin of the Institute: crime, punishment, correction, iss. 4(16), pp. 68–72.
59. Chornyy, V. N. 1996, Security of convicts in prisons: PhD thesis (Law), Ryazan.
60. Shalakhin, I. V. 2011, Theory and methodology of studying and limiting (preventing) crime, ensuring criminological security of the individual, Moscow.
61. Shamsunov, S. Kh. 2016, ‘Private prisons in the world: do modern Russia need them?’, Penal system: law, economy, management, iss. 3, pp. 25–28.
62. Shmid, M. & Ogrokhina, E. A. 2013, ‘About the main features of the system of punishments execution and compulsory measures in Switzerland’, Bulletin of the Institute: crime, punishment, correction, iss. 4(24), pp. 78–83.
63. Shumilov, V. M. 2013, The legal system of the United States, Moscow.
64. Yakovlev, K. L., Yakovleva, E. I. & Yakovleva, O. N. 2011, State-legal basis for the organization of law enforcement agencies in foreign countries, Moscow.